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Fast Break: DOJ ‘No-Poaching’ Agreements in Healthcare

No-poaching agreements (when companies agree not to hire or recruit one another’s employees) and wage-fixing (including components of compensation) are subject to scrutiny under federal antitrust law. Because healthcare entities, especially hospitals, are often the largest single employer in a geographic area, DOJ is focusing on criminal and civil enforcement actions against them.

Recently, DOJ announced active criminal investigations related to no-poaching in the healthcare space, and its renewed interest in this type of anti-competitive behavior is an important signal for healthcare providers.

Join us for our next installment in the Fast Break series as we discuss:

What are no-poaching agreements and wage-fixing agreements?

How have DOJ and FTC historically approached this type of behavior (per se and rule of reason analysis)?

What does a DOJ criminal and civil antitrust investigation look like and what are the ramifications?

What are the benefits of the DOJ Leniency Program and how does it work?

Tips for healthcare counsel in navigating partnerships, joint ventures, and other arrangements